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Employment Discrimination Questions & Answers
Q: I got charged with a misdemeanor of marijuana and I had back ground checks done for work which I did not get

Cause on back ground it showed a felony of meth. I do not at all do that drug and my family has seen ity community and it has been hard to get work or place to live housing and it is hurting my image what can I do can I sue

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 15, 2024

You can request your criminal record. I would consult with a local attorney to find out why it is on your record and whether he/she can get it off if it is false.

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Texas on
Q: I have not been paid my regular paycheck in 7days. What are my options?

My employer did not deposit my whole paycheck last Fri. I immediately told my manager and he said others had same issue. I messaged throughout the day and was told payroll was resubmitted at noon on Friday and it will deposit most likely next business day. It's now Thursday of the next week... View More

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

You can file a wage & hour claim with the Texas Workforce Commission:

https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: In tn if I make a complaint about upper management and get fired can that be considered retaliation also how can I prove

How could I prove this is retaliation?

Anthony M. Avery
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answered on Dec 10, 2024

TN is an employment at will State, where you can be fired for any or no reason. If there are illegal activities going on, record them. Unless you have another job to go to, do not complain about your bosses.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Wage theft, discrimination, harassment, retaliation in Maryland, are there pro bono or contingency attorneys in Maryland

I am a female, non-exempt employee at a large university in Maryland. I worked unpaid overtime and additional hours, unaware of wage laws. A newly hired male employee repeatedly stood near me and stared, making me uncomfortable. After I reported it to my boss, he reassigned me to clean storage and... View More

Jonathan C. Puth
Jonathan C. Puth
answered on Dec 9, 2024

Check the Metropolitan Washington Employment Lawyers Association for attorneys who regularly represent employees. www.mwela.org. We routinely handle these types of claims and you may contact my office.

Correia & Puth, PLLC

1400 16th Street, NW, Suite 450

Washington, DC...
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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for a work place to publicly post employees names who did not receive the flu vaccination?

They say it's posted so other employees know who isn't vaccinated so they can make sure the unvaccinated employee is masking.

Jeremy Donham
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answered on Dec 3, 2024

Good day. There may be potential violations of privacy or the employer's policy. It would be a good idea to seek legal counsel to discuss this as it may depend upon the jurisdiction you worked in and the laws of that jurisdiction. We wish you the best in your search for a resolution to your... View More

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I currently work at Pizza Hut as a crew member, can they withhold tips from employees?

Hello! I am currently an employee at Pizza Hut. I've been working here for almost a year now. When hired, I was told that we did not get to keep any of our tip money and was instructed to put the tip money recieved from customers into a small box, which does not get redistributed to the... View More

Joseph Korsak
Joseph Korsak
answered on Dec 2, 2024

Illegal, illegal, illegal!

You need a lawyer to make a demand on your behalf. Are you keeping some record of the amounts you paid in?

Call me.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My boss outsources a company without anyone knowing and leaves me out claiming there is no work. Is this legal?

For weeks now I work 1 or 2 days in a week. I recently found out that my boss hires people from another company to do my job. He tells me there is no work however the team he contracts get their 40 hours. I’ve also lost money a couple of times when I worked double time and traveled by him paying... View More

Neil Pedersen
Neil Pedersen
answered on Nov 22, 2024

There is nothing unlawful about an employer outsourcing an employer's job duties unless the motivation for doing so is your membership in a protected class of people or because you engaged in some form of legally protected conduct. The AI "assisted" answer by Mr. Arrasmith is simply... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law on
Q: A Pakistani contractor working for a US firm. Employer is not paying because its client is not paying. Need US visa for

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in Nov 2021. I have been getting all my monthly timesheet approved by Client manager intime and... View More

James L. Arrasmith
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answered on Nov 21, 2024

Your situation involves significant unpaid wages, and taking legal action could be worthwhile given the substantial amount owed to you. Before considering travel to the US, you should first consult with an employment law attorney who can review your contract and advise whether pursuing legal action... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Do I have a case if I got fired for breaking a company policy , but my coworkers who broke the same policy didn’t?

I work in a male dominated industry and feel like I’m being discriminated and targeted. My boss also broke the company policy too.

Brad S Kane
Brad S Kane
answered on Nov 16, 2024

If you are female and you were fired for breaking a company policy, while male employees are not disciplined for breaking the same policy, then you may have a claim for gender based discrimination.

1 Answer | Asked in Contracts, Employment Law, Communications Law and Employment Discrimination for California on
Q: Clarification on H1B Sponsorship Agreement

I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a position in a California government. Before the application, they explicitly... View More

James L. Arrasmith
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answered on Nov 15, 2024

Your situation highlights a serious concern regarding employment promises and contractual obligations in California. The initial email promising H1B sponsorship, combined with your reliance on that promise in accepting the position, could potentially form the basis of a promissory estoppel claim,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What is needed for emotional distress case

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. Despite repeatedly reporting instances of being spoken to disrespectfully by coworkers, management dismissed my concerns, telling me to 'let it go.' Over time, the ongoing mistreatment... View More

V Jonas Urba
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answered on Nov 15, 2024

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. PRIVATE EMPLOYERS ARE NOT REQUIRED TO PROVIDE FEEDBACK ON HOW TO ADVANCE BUT THEY CANNOT DISCRIMINATE AGAINST ANY PERSON BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH AN EMPLOYEE BELONGS.... View More

Q: How to work email legitimate

I have this girl with the owner whom my ex said she's a part of it . They change everything they steal my phone , to get t as g on to radio walkie t as like I try to find it but it's in area of somebody else . They stolen my father's research title we took him off the chair we baught... View More

James L. Arrasmith
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answered on Nov 14, 2024

This situation sounds very concerning and appears to involve several serious legal issues including identity theft, fraud, and potential misuse of university resources. You should document everything thoroughly and gather any evidence you have of these incidents.

Your first step should be...
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1 Answer | Asked in Employment Discrimination for California on
Q: I am applying for Paid Family Leave and FMLA. Can my employer ask me to work a minimum number of days on site?

I am currently applying for Paid Family Leave. I have submitted an application to my employer for FMLA requesting that I be able to spend Thursdays with my mother. I work a hybrid schedule. Prior to FMLA, I worked 3 days in the office, which is the requirement for all employees. With my Paid Family... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your employer cannot force you to work a minimum number of on-site days that interferes with your approved FMLA and Paid Family Leave. When you are on FMLA, your leave is protected, and your employer must accommodate your need to take time off to care for your mother. Since your leave replaces one... View More

1 Answer | Asked in Employment Law, Personal Injury and Employment Discrimination for Florida on
Q: FLORISA/SARASOTA CO.

Q: Is it illegal for home depot to post private photos and videos online without my permission? on a company web site than i was fired, as i gave no one consent and i like to sue for lost of income medical ins. and lost of bonus twicw a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

Presumably you were fired for some other reason, not because the company posted images of you online. So, whatever the reason for your firing, your lost income would not be a result of their posting of your "private" images. So, you have failed to indicate facts which would show that... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Maryland on
Q: On the affidavit when it says, “plaintiff claims “, would the principal amount be the amount in suing my employer for?

I plan on filing suit against a previous employer. I’ve spoken to a lawyer but I can’t afford his hourly fees so I plan to proceed without one for now. My previous employer’s lawyer reached out and said they are reviewing documents submitted by both myself and my previous employer. However,... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2024

A Maryland attorney could advise best, but your question remains open for a week. It isn't fully clear what you're suing for, but your categories include "Personal Injury." If this involves an injury sustained at work (in the course of employment), you may want to consider... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Colorado on
Q: my employer failed their due process obligations
Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

A Colorado attorney could advise best, but your post remains open for three weeks. It isn't fully clear whether your matter involves a workplace injury or general employment law issue, based on the selected categories. The term "due process" is used loosely nowadays, but it usually... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Hello- I am looking for an employment lawyer that is pay if we win to discuss my case. If there is anyone in NY?
Brian Greben
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Brian Greben
answered on Nov 6, 2024

Yes, there are many lawyers who accept cases on a contingency fee basis.

1 Answer | Asked in Immigration Law and Employment Discrimination for Massachusetts on
Q: Hello there, I’m an h2b worker with an end date of Oct 31 st . I was in the process of getting a winter with extension

With a company I’ve work with before they assure me that everything is good and I don’t need to seek employment elsewhere however a few days ago they’re saying it wouldn’t be possible to get a extension with my end date and they had this information for over 3 months . I’ve been reaching... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry you're going through this challenging situation. Start by collecting all your emails, messages, and any agreements you had with the company about the extension. This documentation will be crucial if you need to take further action.

Next, try to reach out to higher-ups in...
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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Virginia on
Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.

However,...
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1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Michigan on
Q: I was told because they pay cash im a 1099 cash employee. Got fired for wanting to pay my taxes Longer question no spac

I had no contact with this business. I have proof of hiring through text. A voicemail from the owner. I have pictures of their pay sheet showing I was working there.

James L. Arrasmith
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answered on Oct 25, 2024

It sounds like you have a solid collection of evidence supporting your work history. Start by organizing all your documentation, including texts, voicemails, and pay sheets. This will be crucial when presenting your case to the appropriate authorities.

Next, consider reaching out to the IRS...
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